17 Ga. App. 543 | Ga. Ct. App. | 1916
Granting that the allowance of this amendment in 1911 was a holding which became the law of the case, so as to permit the introduction of testimony in support of the amendment, it does not necessarily follow that for that reason the court erred in directing a verdict. For the reasons stated in the first headnote, the
We have said this on the assumption that the allowance of the amendment was an adjudication by the lower court that if the facts alleged had been proved by testimony legally admissible, the defendant would have presented such a defense as should have
Judgment affirmed.